Columbus Restaurant's Manager Subjected Class of Female Employees, Including Teens, to Abuse, Including Pressure for Sexual Favors, Federal Agency Charged
CLEVELAND - The owner/operator and management company for a Columbus Texas Roadhouse restaurant will pay $1.4 million and furnish significant equitable relief to settle a class sexual harassment suit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today. EEOC had charged East Columbus Host, LLC and management company Ultra Steak, Inc. with victimizing a group of female employees as young as 17 years old by subjecting them to sexual harassment and then retaliating against them for complaining.
According to EEOC's lawsuit, the manager of the restaurant in the Reynoldsburg section of Columbus, Eric Price, harassed women and teen girls working in server, hostess and other front-of-the-house positions. In the suit, EEOC identified 12 victims of his abuse who suffered unwelcome touching, humiliating remarks about their and other females' bodies and sexuality, and pressure for sexual favors in exchange for employment benefits or as a condition of avoiding adverse employment action. EEOC charged that the harassment began in 2007, continued for over three and a half years until the manager was fired in May 2011, and was coupled with retaliation against employees who opposed the abuse.
Although the companies' owners and individuals with high-level authority received multiple complaints about the manager's abusive conduct throughout his employment, they failed to take prompt, effective action to put a stop to the abuse, EEOC said. Price was not fired until May 2011, when he was seen on a surveillance video touching a 17-year-old female employee in his office at the restaurant during work hours, the agency charged.
Harassment and discrimination based on sex violate Title VII of the Civil Rights Act of 1964. Title VII also forbids employers from firing or otherwise retaliating against an employee because she complained about discriminatory conduct. EEOC filed suit (EEOC v. East Columbus Host, LLC d/b/a Texas Roadhouse and Ultra Steak, Inc., Civil Action No. 2:14-cv-1696) in U.S. District Court for the Southern District of Ohio, Eastern Division, after first attempting to reach a pre-litigation settlement through its conciliation process.
On Sept. 2, U.S. District Court Judge James L. Graham issued an order denying East Columbus Host and Ultra Steak's motion for summary judgment on EEOC's sexual harassment claims. He found that EEOC had presented sufficient evidence to overcome the motion. In rejecting the employers' argument that they had established an affirmative defense because some of Price's victims allegedly delayed or failed to complain, Judge Graham held that questions remained regarding the companies' efforts to stop any sexually harassing behavior.
Referring to evidence that previous complaints had been made against the restaurant manager, the court noted that EEOC had described a pattern of complaints, including evidence that "less than a month into his tenure, Price made sexual remarks to … [a] high school-aged hostess … [who] did complain, and the only response she got was not from the corporate office, but from the very person she feared: Eric Price," who told her "not to get other people involved if she had a problem." A jury, Judge Graham held, "could see this as the first failure in a long line of tepid responses in the face of near-constant complaints, bookended by sexual harassment of teenage girls."
The court also rejected the defendants' argument that EEOC had failed to conciliate its claims against them as required by Title VII.
"Rooting out harassment in the workplace has long been a priority for the Commission," said EEOC General Counsel David Lopez. "We hope that this settlement can serve as a road map to other employers seeking to prevent and eradicate sexual harassment in their workplace."
In addition to the $1.4 million in monetary relief to the victims, the five-year consent decree resolving the lawsuit requires the companies to offer reinstatement to injured women identified by EEOC in agreed locations and positions. The decree prohibits the companies from rehiring the offending manager.
The decree further requires East Columbus Host and Ultra Steak to put in place an electronic recordkeeping system to track all gender discrimination and retaliation complaints of any kind and includes mandatory reporting of any allegedly discriminatory or retaliatory adverse employment action, such as failure to hire or promote.
Further, the companies must provide training to all employees on discrimination and retaliation. Supervisory, management, and human resources personnel are to be trained on their duty to monitor the work environment; how to receive and investigate complaints of harassment or discrimination; and how to respond to complaints effectively with corrective action. East Columbus Host and Ultra Steak also are required to report to EEOC on how they handle any internal complaints of gender discrimination or retaliation, and they must post a notice about the settlement at all restaurants covered by the decree.
Debra M. Lawrence, regional attorney of EEOC's Philadelphia District Office, said: "We are pleased this settlement provides meaningful compensation to female employees who suffered this abuse. The training, tracking, posting and reporting required by the consent decree should help ensure that other women and teens employed by these companies don't have to be exposed to such despicable conduct."
The Philadelphia District Office of EEOC oversees Pennsylvania, Maryland, Delaware, West Virginia and parts of New Jersey and Ohio. The legal staff of the Philadelphia District Office of EEOC also prosecutes discrimination cases arising from Washington, D.C. and parts of Virginia.
EEOC recently updated its Youth@Work website (at http://www.eeoc.gov/youth/), which presents information for teens and other young workers about employment discrimination. The website also contains curriculum guides for students and teachers and videos to help young workers learn about their rights and responsibilities in the workforce.
EEOC is responsible for enforcing federal laws against employment discrimination. Further information is available at www.eeoc.gov.